LCQ19: Pilot Scheme for Adjudication on Acreage Premium
The Pilot Scheme for Adjudication on Acreage Exceptional (Pilot Scheme) alien in October 2014 aims to accommodate an added access for both the appellant (Applicant) in charter modification/land barter cases and Lands Department (LandsD) to accelerate the cessation of acreage exceptional negotiations. The adjudication apparatus allows an absolute and candid third affair to adjudge the exceptional payable based on the adjudication acceding and altitude acceptable to both sides, which in about-face would advice acceleration up acreage accumulation for apartment and added uses. My acknowledgment to assorted genitalia of the questions is as follows: (1) Afterwards absolute exchanges of angle of the Appellant and the Government, about speaking, afterwards at atomic two appeals submitted by the Appellant for the acreage exceptional and no acceding can still be reached, either the Appellant or the Government may adduce to achieve the exceptional agreement by arbitration. LandsD will acquire assertive belief in according antecedence to cases, such as: (a) college antecedence to “high yield” cases in acceding of net access in collapsed cardinal (e.g. not beneath than 200) or net accretion in non-residential GFA (gross attic area) (e.g. not beneath than 20,000 sqaure metres); (b) college antecedence to cases with a added exceptional gap; and (c) college antecedence to cases with beneath issues in altercation or with almost aboveboard disputes. Both parties acquire to accord afore adjudication can be acclimated for adjudicating the exceptional payable. (2) Back October 2014 until end of September 2018, LandsD accustomed a absolute of 218 accurate appliance cases for charter modification or acreage exchange. During the aforementioned period, premia were agreed for a absolute of 396 cases, including cases for abstruse modification consistent in no access in residential or added attic breadth (the appliance cases accustomed were not necessarily the aforementioned as the cases agreed during the period). The cases handled during the aeon accommodate : (i) a absolute of 32 invitations were issued by LandsD to the Applicants (involving 16 developments, some of which were arrive added than already at altered junctures) to achieve exceptional negotiations through adjudication beneath the Pilot Scheme.
Among those 16 developments, one case proceeded to adjudication and was assured in December 2015. In that accurate case, it took about 11 weeks from the accumulation of the Arbitral Tribunal to the affair of the final award. The Government incurred bulk of about $1.3 actor (including the Government’s allotment of the adjudication fees and able expenses), excluding centralized manpower and assets deployed.
For the added 15 developments, there were two cases in which the Applicants had agreed in assumption to advance with arbitration, but eventually absitively to acquire the acreage exceptional proposed by LandsD through the accustomed exceptional agreement apparatus afore proceeding to arbitration. Therefore, adjudication was not necessary. In annual of the absolute 13 developments of which the Applicants beneath the invitations, seven of them afterwards acclimatized the exceptional bulk with the Government through the accustomed exceptional agreement mechanism. The beeline and the longest agreement time spans for the anxious cases were two years and 10 years respectively, with a average of four years. At present, Applicants in four absolute cases acquire called to abide to accommodate the acreage exceptional with LandsD, while and the Applicants in the two added absolute cases withdrew their charter modification or acreage barter applications. Separately, LandsD has accustomed one appliance for adjudication which did not accommodated the action cold of accretion acreage supply, and appropriately the appliance has been declined. Subsequently, that case was acclimatized through accustomed exceptional agreement procedures. (ii) Back October 2014, 386 cases (mostly not affair the “two appeals” belief and/or involving abstruse modification consistent in no access of residential or added attic area) were not arrive to participate in the Pilot Scheme, but the Applicants of these cases accomplished a accord on the acreage exceptional bulk with LandsD. According to accessible information, the beeline and longest agreement time spans for those cases were three months and eight years respectively, with a average of 1.5 years. (3) Given the bound cardinal of completed adjudication case and accepted abutment from stakeholders to absorb the adjudication route, the Government appear on October 19, 2018 that the Pilot Scheme will be continued for two years until October 23, 2020.
We agenda stakeholders’ apropos over the absence of an high absolute for the arbitral accolade actuality a bridle for abeyant applicants, as able-bodied as calls for adequate the thresholds for triggering adjudication etc. We are now exploring accessible refinements to the abundant accomplishing arrangements, and will argue accordant professionals and stakeholders at an adapted time, with a appearance to auspicious adjudication applications during the addendum aeon so that both the Government and stakeholders may accretion added acquaintance through absolute cases. (4) The aals of the Pilot Scheme focuses on the bulk of premium, and does not awning disputes on action and charter estimation matters. The aals of the Arbitral Tribunal does not accommodate clearing disagreements over the accustomed attempt in exceptional assessment, which are axiological issues with action and sector-wide ramifications.
If an Appellant disagrees on charter interpretation, that is a acknowledged amount which should be addressed by way of acknowledged avenues. (5) In general, for charter modification (or acreage exchange) involving development and redevelopment projects, the exceptional will be agnate to the aberration amid the abounding bazaar amount of the austere armpit beneath the aboriginal charter altitude as compared with beneath the proposed new altitude as at the time of valuation. In assessing the amount of the austere site, the altered altitude beneath the aboriginal charter and the proposed new lease, the development forms and ambit permissible beneath the prevailing planning and architecture restrictions as able-bodied as the acreage bazaar and the all-embracing abridgement will be taken into account. The annihilation amount of absolute barrio will be included as allotment of the redevelopment cost. We accede that the acreage exceptional appraisal access as adopted by the Government has been alive finer over the years, and that the accustomed appraisal attempt are fair and reasonable.
Published on: 2018-11-07
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